Cambridge City Council Council Tax Reduction Scheme 2016 (Persons who are not Pensioners)

Transcription

1 Cambridge City Council Council Tax Reduction Scheme 2016 (Persons who are not Pensioners) This document/publication is also available on our website at Any enquiries regarding this document/publication should be sent to us at: Cambridge City Council The Guildhall Market Square Cambridge CB2 3QJ Telephone: Page 1 of 164

2 The Cambridge City Council Council Tax Reduction Scheme 2016 (Persons who are not Pensioners) Approved and Made by Council 31 January 2016 Coming into effect in relation to the financial year beginning 1 st April 2016 Cambridge City Council makes the following Scheme in exercise of the functions - (a) conferred by sections 13A(1)(a), 13A(2), 13A(3) and Schedule 1A to the Local Government Finance Act 1992 and all other enabling powers, (b) pursuant to Regulations made under section 113(1) and (2) to the 1992 Act and paragraph 2 of Schedule 1A to the Local Government Finance Act 2012 and (c) in accordance with Parts 1 to 3 and Schedules 7 to 8 of The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 as amended by (i) SI 2013/3181, SI 2014/107, SI 2014/3255, SI 2014/3312, SI 2015/643, SI 2015/971 and SI 2015/2041 Prescribed Statutory Requirements The authority sets outs in Chapter 1, Parts 1-9, the statutory provisions that must apply to all applicants for a reduction in accordance with the Prescribed Requirements Parts 1 to 3 and Schedules 7 to 8. Local Scheme Requirements Subject to local amendments; Chapter 2 - Parts 10 to 23 and Schedules 1 to 4 set out the provisions of the Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012, which the authority has adopted as its scheme. Page 2 of 164

3 The Cambridge City Council Council Tax Reduction Scheme 2016 (Persons who are not Pensioners) Contents 1.0 Introduction Pensioners Persons who are not pensioners Work Incentives Vulnerability Matters to be included Revisions to and replacement of scheme...10 Chapter 1 - Prescribed Statutory Requirements...11 Part 1 - Introduction Citation, amendment and application and revocation...11 Part 2 - Interpretation Interpretation Application of scheme: pensioners and persons who are not pensioners Meaning of couple Polygamous marriages Meaning of family Circumstances in which a person is to be treated as responsible or not responsible for another Households Non-dependants Remunerative work...28 Part 3 - Prescribed classes of persons Pensioners Persons treated as not being in Great Britain A. Savings Provisions Persons subject to immigration control...31 Part 4 - Procedural Matters Procedure by which a person may apply for a reduction under the authority s scheme Procedure by which a person may appeal against certain decisions of the authority Procedure for applying for a discretionary reduction...34 Part 5 - Electronic Communication Interpretation Conditions for the use of electronic communication Use of intermediaries Effect of delivering information by means of electronic communication Proof of identity of sender or recipient of information Proof of delivery of information Proof of content of information...36 Part 6 - Extended Reductions: Movers Extended reductions: movers into an authority s area...36 Page 3 of 164

4 Part 7 - Applications Making an application Date on which an application is made Information and evidence Amendment and withdrawal of application Duty to notify changes of circumstances...43 PART 8 - Decisions by an authority Decision by authority Notification of decision...44 PART 9 - Award or payment of reduction Payment where there is joint and several liability Not used Chapter 2 - Local Scheme Requirements...47 Part 10 - Classes of person entitled to a reduction under this scheme Classes of person entitled to a reduction under this scheme Class D: persons who are not pensioners whose income is no greater than the applicable amount Class E: persons who are not pensioners whose income is greater than the applicable amount A. Class F - Not used Class G: persons who are exempt from the end of calculation deduction Periods of absence from a dwelling Classes of person excluded from this scheme Class of person excluded from this scheme: capital limit Class of person excluded from this scheme: students...52 Part 11 - Applicable amounts Applicable amounts Polygamous marriages Applicable amount: persons who have an award of universal credit...54 Part 12 - Maximum council tax reduction Maximum council tax reduction under this scheme Non-dependant deduction...56 PART 13 - Not used...59 PART 14 - Amount of reduction Amount of reduction under this scheme: classes D to G A. End of calculation deduction...59 PART 15 - Income and capital - General Calculation of income and capital: applicant s family and polygamous marriages Circumstances in which income and capital of non-dependant is to be treated as the applicant s Income and capital where there is an award of universal credit...61 Part 16 - Income; persons who do not have an award of universal credit Average weekly earnings of employed earners A Date on which earnings of an employed earner are taken into account Average weekly earnings of self-employed earners Average weekly income other than earnings...64 Page 4 of 164

5 56. Calculation of weekly income of employed earners Earnings of employed earners Calculation of net earnings of employed earners Earnings of self-employed earners Calculation of income other than earnings Capital treated as income Notional income Calculation of income on a weekly basis Treatment of child care charges Calculation of average weekly income from tax credits Disregard of changes in tax and contributions etc Calculation of net profit of self-employed earners Calculation of deduction of tax and contributions of self-employed earners...85 Part 17 - Capital; persons who do not have an award of universal credit Calculation of capital Income treated as capital Calculation of capital in the United Kingdom Calculation of capital outside the United Kingdom Notional capital Diminishing notional capital rule Capital jointly held Calculation of tariff income from capital...94 Part 18 - Students - General Interpretation Treatment of students Students who are excluded from entitlement to a council tax reduction under this scheme...99 Part 19 - Student Income Calculation of grant income Calculation of covenant income where a contribution is assessed Covenant income where no grant income or no contribution is assessed Relationship with amounts to be disregarded under Schedule Other amounts to be disregarded Treatment of student loans Treatment of payments from access funds Disregard of contribution Further disregard of student s income Income treated as capital Disregard of changes occurring during summer vacation Part 20 - Extended Reductions Extended reductions (qualifying income-related benefits) Duration of extended reduction period: (qualifying income-related benefits) Amount of extended reduction: (qualifying income-related benefits) Extended reductions movers: (qualifying income-related benefits) Relationship between extended reduction and entitlement to reduction by virtue of classes D to G Page 5 of 164

6 96. Extended reductions (qualifying contributory benefits) Duration of extended reduction period (qualifying contributory benefits) Amount of extended reduction (qualifying contributory benefits) Extended reductions (qualifying contributory benefits) - movers Relationship between extended reduction (qualifying contributory benefits) and entitlement to reduction by virtue of classes D to Extended reductions: applicant moving into the authority s area Part 21 - When entitlement begins and change of circumstances Date on which entitlement begins Date on which change of circumstances is to take effect Date on which an advantageous change of circumstances is to take effect Late notification of a change of circumstances Back-dating of applications Part 22 - Changes in the amount of reduction Adjustments to the amount of reduction Part 23 - Omitted Schedule 1 - Applicable Amounts Part 1 - Personal Allowances Part 2 - Family premium Part 3 - Premiums Disability premium Additional condition for the disability premium Severe disability premium Enhanced disability premium Disabled child premium Carer premium Persons in receipt of concessionary payments Persons in receipt of benefit for another Part 4 - Amounts of premiums specified in Part Part 5 - The Components The work-related activity component The support component Part 6 - Amount of components Part 7 - Transitional Addition Part 8 - Amount of Transitional Addition SCHEDULE 2 - Sums disregarded in the calculation of earnings SCHEDULE 3 - Sums disregarded in the calculation of income other than earnings SCHEDULE 4 - Capital disregards Page 6 of 164

7 1.0 Introduction 1 From 1 April 2013, council tax support in the form of council tax benefit was abolished by Central Government. It became the duty of each local authority in England to have localised council tax support, in the form of a council tax reduction, in place by 31 January in each year. The enabling provisions are contained in section 10 of the Local Government Finance Act 2012, which substitutes section 13A of the 1992 Act, and Schedule 4, which inserts Schedule 1A into the 1992 Act. This allows the authority to use its discretion to design schemes for support for those not of pension age but contains requirements that certain elements must be included in all schemes. The detail of the elements which must be included in local council tax reductions schemes are included in The Council Tax Reduction Schemes (Prescribed Requirements Scheme) (England) Regulations 2012 SI 2885, hereinafter called the Prescribed Requirements 1.1 Pensioners The Government protects pensioners by prescribing a local scheme for pensioners with national rules. This means that the authority has no discretion over the method or level of support provided to pensioners and that pensioners are protected from any further reductions in the current level of support in accordance with the Prescribed Requirements, Parts 1 to 3, Schedules 1 to 6 and Schedules 7 to 8 where they apply to Pensioners. This document therefore concentrates on the local council tax support scheme for persons who are not pensioners; the scheme for pensioners is to be found in The Cambridge City Council, Council Tax Reduction Scheme 2015 (Pensioners) 1.2 Persons who are not pensioners The authority was required by Government to design a local council tax reduction scheme for people of working age, albeit with certain limitations prescribed by Government through regulations, by 31 January in each year. This document revokes the 2015 scheme and sets out The Cambridge City Council - Council Tax Reduction Scheme 2015 (Persons who are not Pensioners) 1.3 Work Incentives The authority s scheme is required to meet the basic requirements of encouraging and incentivising work. The Government does not prescribe by regulation how the authority provides for work incentives in its scheme; it is for the authority to decide how best to provide work incentives for its individual communities. Cambridge City Council has provided for and continues to provide for an extended reduction, 1 Section 13A LGFA 1992 as substituted by section 10 LGFA 2012 Page 7 of 164

8 which maintains the same level of council tax reduction for up to four additional weeks. This is applied when a person on certain qualifying income-related and contributory benefits goes into work. 1.4 Vulnerability The Government does not prescribe by regulation which class of person(s) is deemed as vulnerable, it is for the authority to decide, having regard to its duties under the Acts referred to below. In making its scheme, Cambridge City has paid due regard to the - Equality Act 2010, public sector equality duties with regard to o age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex or sexual orientation, and Child Poverty Act 2010, the duty to mitigate the effects of child poverty, and Disabled Persons (Services, Consultation and Representation) Act 1986, and Chronically Sick and Disabled Persons Act 1970, the duties relating to the welfare needs of disabled people, and Housing Act 1996, the duty to prevent homelessness, and Armed Forces Covenant, to recognise what our Armed Forces do for us, especially the injured and the bereaved The Default Scheme, which Cambridge City has adopted as its local scheme with local variations has been written with due regard to all of the above acts. Therefore, the council has decided to accept all of the safeguards that come with this scheme for people with additional needs such as higher earned income disregards and disability premiums and components. In addition to the above the council is continuing to set the rate of the end of calculation deduction to NIL The council has also decided to retain the 100% local scheme disregard for all types of war pensions from the council tax benefit scheme. Page 8 of 164

9 2.0 Matters to be included 2 A scheme must state the classes of person who are to be entitled to a reduction under the scheme. 2.2 The classes may be determined by reference to, in particular - (a) the income of any person liable to pay council tax to the authority in respect of a dwelling; (b) the capital of any such person; (c) the income and capital of any other person who is a resident of the dwelling; (d) the number of dependants of any person within paragraph (a) or (c); (e) whether the person has made an application for the reduction. 2.3 A scheme must set out the reduction to which persons in each class are to be entitled; and different reductions may be set out for different classes. 2.4 A scheme must state - (a) classes of person which must or must not be included in a scheme; (b) reductions, including minimum or maximum reductions, which must be applicable to persons in stated classes; (c) requirements which must be met by the procedure mentioned in A scheme must state the procedure by which a person may apply for a reduction under the scheme. 2.6 A scheme must state the procedure by which a person can make an appeal against any decision of the authority which affects - (a) the person s entitlement to a reduction under the scheme, or (b) the amount of any reduction to which the person is entitled. 2.7 Subject to compliance with the Prescribed Requirements, a scheme may make provision that is equivalent to provisions made or capable of being made under - (a) sections 131 to 133 of the Social Security Contributions and Benefits Act 1992 (council tax benefit); (b) sections 134 to 137 of that Act (general provisions about income-related benefits) so 2 Sch 1A LGFA 1992 as inserted by Sch 4 LGFA 2012 Page 9 of 164

10 far as applying in relation to council tax benefit; (c) section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim) so far as applying in relation to council tax benefit; (d) section 6 of that Act (regulations about council tax benefit administration), as it had effect on the day on which the Local Government Finance Act 2012 was passed and with such modifications as the authority thinks fit. 2.8 In exercising any function relating to its scheme, the authority must have regard to any guidance issued by the Secretary of State 3.0 Revisions to and replacement of scheme 3.1 For each financial year, the authority must consider whether to revise its scheme or to replace it with another scheme. 3.2 The authority must make any revision to its scheme, or any replacement scheme, no later than 31 January in the financial year preceding that for which the revision or replacement scheme is to have effect. 3.3 Cambridge City Council has decided to retain the 2015 Scheme without any revisions to the scheme except for the annual uprating of applicable amounts in accordance with those set for Pensioners in the Prescribed Regulations and an increase in nondependant deductions of 1.5%. Page 10 of 164

11 Chapter 1 - Prescribed Statutory Requirements Part 1 - Introduction 1. Citation, amendment and application and revocation (1) This scheme may be cited as the Cambridge City Council - Council Tax Reduction Scheme (Persons who are not Pensioners) 2016 and comes into effect on 1st April (2) This scheme applies in relation to the billing authority in England known as Cambridge City Council and references in this scheme to the authority shall be to Cambridge City Council unless the context otherwise requires. (3) If this scheme omits or is inconsistent with any of the requirements relating to persons who are not pensioners contained in the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 (including any re-enactment or amendments thereof), the scheme shall be construed in such a way as to correct the omission or inconsistency. (4) The Cambridge City Council - Council Tax Reduction Scheme 2015 (Persons who are not Pensioners) is hereby revoked Part 2 - Interpretation 2. Interpretation 3 (1) In this scheme - the 1992 Act means the Local Government Finance Act 1992; the 2012 Act means Local Government Finance Act 2012; Abbeyfield Home means an establishment run by the Abbeyfield Society including all bodies corporate or unincorporated which are affiliated to that society; adoption leave means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 AFIP means an armed forces independence payment payable in accordance with an armed and reserve forces compensation scheme established under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004; applicable amount means the amount calculated in accordance with part 11 and schedule 1 applicant means a person who has made an application; application means an application for a reduction under a scheme; 3 Reg 2, SI 2012/2885 Page 11 of 164

12 assessment period means - (a) In relation to the earnings of an employed earner, in accordance with paragraph 53 for the purpose of calculating the weekly earnings of the applicant, or (b) in relation to the earnings of a self-employed earner, in accordance with paragraph 54 for the purpose of calculating the weekly earnings of the applicant; or (c) in relation to any other income, in accordance with paragraph 55 for the purpose of calculating the weekly income of the applicant; attendance allowance means - (a) an attendance allowance under Part 3 of the Social Security Contributions and Benefits Act 1992 (SSCBA) (b) an increase of disablement pension under section 104 or 105 of that Act; (c) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or; (d) any payment based on need for attendance which is paid as part of a war disablement pension; the authority means the billing authority that is Cambridge City Council to whose area a scheme has effect by virtue of paragraph 4(6) of Schedule 1A to the 1992 Act; basic rate has the meaning given by the Income Tax Act ; the benefit Acts means the SSCBA, the Jobseekers Act 1995, the State Pension Credit Act 2002 and the Welfare Reform Act 2007; board and lodging accommodation means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises; care home has the meaning given by section 3 of the Care Standards Act 2000 and in Scotland means a care home service within the meaning given by section 2(3) of the Regulation of Care (Scotland) Act 2001 and in Northern Ireland means a nursing home within the meaning of Article 11 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 or a residential care home within the meaning of Article 10 of that Order; the Caxton Foundation means the charitable trust of that name established on 28th March c. 3; section 989 defines basic rate by reference to section 6(2). Section 6(2) was amended by section 5 of the Finance Act 2008 (c. 9) and section 6 of, and paragraphs 1 and 2 of part 1 of Schedule 2 to, the Finance Act 2009 (c. 10). Page 12 of 164

13 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions; child means a person under the age of 16; child benefit has the meaning given by section 141 of the SSCBA; child tax credit means a child tax credit under section 8 of the Tax Credits Act 2002; close relative means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple; concessionary payment means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act 2002 are charged; contributory employment and support allowance 5 means a contributory allowance under Part 1 of the Welfare Reform Act 2007 as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the Welfare Reform Act 2012 that remove references to an income-related allowance and a contributory allowance under Part 1 of the Welfare Reform Act 2007 as that Part has effect apart from those provisions; council tax benefit means council tax benefit under Part 7 of the SSCBA; couple has the meaning given by paragraph 4; Default Scheme Regulations means the Council Tax Reduction Schemes (Default Scheme) (England) Regulations ; designated office means the office of an authority designated by it for the receipt of applications - (a) by notice upon or with a form supplied by it for the purpose of making an application; (b) by reference upon or with such a form to some other document from it and sent by electronic means or otherwise on application and without charge; or (c) by any combination of the provisions set out in paragraphs (a) and (b); disability living allowance means a disability living allowance under section 71 of the SSCBA; earnings has the meaning given by paragraph 57; the Eileen Trust means the charitable trust of that name established on 29th March 1993 out 5 Substituted by SI 2014/ SI 2012/2886 Page 13 of 164

14 of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions; electronic communication has the same meaning as in section 15(1) of the Electronic Communications Act 2000; employed earner is to be construed in accordance with section 2(1)(a) of the SSCBA and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay; the Employment, Skills and Enterprise Scheme means a scheme under section 17A (schemes for assisting persons to obtain employment: work for your benefit schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants for job-seekers allowance to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search); employment zone means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an employment zone programme means a programme established for such an area or areas designed to assist claimants for a jobseeker s allowance to obtain sustainable employment; enactment includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or the National Assembly for Wales 7 ; extended reduction (qualifying income-related benefit) means a reduction under this scheme for which a person is eligible under Part 20; extended reduction period means the period for which a person is in receipt of an extended reduction in accordance with paragraph 92, 97 and 101; extended reduction (qualifying contributory benefits) means a reduction under this scheme for which a person is eligible in accordance with Part 20; family has the meaning given by paragraph 6; the Fund means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by the Secretary of State on 24th April 1992 or, in Scotland, on 10th April 1992; guarantee credit is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002; a guaranteed income payment means a payment made under article 15(1)(c) or 29(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011; 7 SI 2013/3181 Page 14 of 164

15 housing benefit means housing benefit under Part 7 of the SSCBA; housing costs element has the meaning given by regulation 21 of the Universal Credit Regulations 2012; an income-based jobseeker s allowance and a joint-claim jobseeker s allowance have the meanings given by the Jobseekers Act 1995 by virtue of section 1(4) of that Act; income-related employment and support allowance means an income-related allowance under Part 1 of the Welfare Reform Act 2007; independent hospital - (a) in England means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section; (b) in Wales has the meaning given by section 2 of the Care Standards Act 2000; and (c) in Scotland means an independent health care service as defined by section 10F of the National Health Service (Scotland) Act 1978; the Independent Living Fund (2006) means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part; invalid carriage or other vehicle means a vehicle propelled by a petrol engine or by electric power supplied for use on the road and to be controlled by the occupant; the London Bombings Relief Charitable Fund means the company limited by guarantee (number ), and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005; lone parent means a person who has no partner and who is responsible for and a member of the same household as a child or young person; the Macfarlane (Special Payments) Trust means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia; the Macfarlane (Special Payments) (No 2) Trust means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries; the Macfarlane Trust means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia; main phase employment and support allowance means an employment and support Page 15 of 164

16 allowance where the calculation of the amount payable in respect of the applicant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act 2007; maternity leave means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996; maximum council tax reduction means the amount determined in accordance with paragraph 47; member of a couple means a member of a married or unmarried couple; MFET Limited means the company limited by guarantee (number ) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products; mobility supplement means a supplement to which paragraph 13 of Schedule 3 refers; mover means an applicant who changes the dwelling in which the applicant is resident, and in respect of which the applicant is liable to pay council tax, from a dwelling in the area of one authority to a dwelling in the area of a second authority; net earnings means such earnings as are calculated in accordance with paragraph 58 (calculation of net earnings of employed earners); net profit means such profit as is calculated in accordance with paragraph 67 (calculation of net profit of self-employed earners); new dwelling means, for the purposes of the definition of second authority and paragraphs 94 and 99 the dwelling to which an applicant has moved, or is about to move, in which the applicant will be resident; non-dependant has the meaning given by paragraph 9; occasional assistance means any payment or provision made by a local authority, the Welsh Ministers or the Scottish Ministers for the purposes of (a) meeting, or helping to meet an immediate short-term need (i) arising out of an exceptional event or exceptional circumstances, or (ii) that needs to be met to avoid a risk to the well-being of an individual, and (b) enabling qualifying individuals to establish or maintain a settled home, and (i) local authority has the meaning given by section 270(1) of the Local Government Act 1972; and (ii) qualifying individuals means individuals who have been, or without the assistance Page 16 of 164

17 might otherwise be (aa) in prison, hospital, an establishment providing residential care or other institution, or (bb) homeless or otherwise living an unsettled way of life; and local authority means a local authority in England within the meaning of the Local Government Act 1972; occupational pension means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases; occupational pension scheme has the same meaning as in section 1 of the Pension Schemes Act 1993 partner, in relation to a person, means - (a) where that person is a member of a couple, the other member of that couple; (b) subject to paragraph (c), where that person is polygamously married to two or more members of his household, any such member to whom he is married; or (c) where that person is polygamously married and has an award of universal credit with the other party to the earliest marriage that still subsists, that other party to the earliest marriage; paternity leave means a period of absence from work on paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996; 8 pension fund holder means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme concerned; pensionable age has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995; pensioner has the meaning given by paragraph 3(a); person on income support means a person in receipt of income support; person treated as not being in Great Britain has the meaning given by paragraph 12; person who is not a pensioner has the meaning given by paragraph 3(b); personal independence payment has the meaning given by Part 4 of the Welfare Reform Act 2012; 8 SI 2012/2885 2(1) amended by SI 2014/3255 wef 05 April 2015 Page 17 of 164

18 personal pension scheme means - (a) a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993; (b) an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004; (c) a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004; policy of life insurance means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life; polygamous marriage means any marriage to which paragraph 5 applies; qualifying age for state pension credit means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002) - (a) in the case of a woman, pensionable age; or (b) in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man; prescribed requirements means The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 qualifying contributory benefit means - (a) severe disablement allowance; (b) incapacity benefit; (c) contributory employment and support allowance; qualifying income-related benefit means - (a) income support; (b) income-based jobseeker s allowance; (c) income-related employment and support allowance; qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund; Page 18 of 164

19 reduction week means a period of seven consecutive days beginning with a Monday and ending with a Sunday; relative means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece; relevant week, in relation to any particular day, means the week within which the day in question falls; remunerative work has the meaning given by paragraph 10; rent means eligible rent to which regulation 12 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 refer, less any deductions in respect of non-dependants which fall to be made under paragraph 48 (nondependant deductions); savings credit is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002; scheme means council tax reduction scheme second authority means the authority to which a mover is liable to make payments for the new dwelling; self-employed earner is to be construed in accordance with section 2(1)(b) of the SSCBA; self-employment route means assistance in pursuing self-employed earner s employment whilst participating in - (a) an employment zone programme; (b) a programme provided by or under arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment, etc.); or (c) the Employment, Skills and Enterprise Scheme [ service user group ] omitted 9 shared parental leave means leave under section 75E or 75G of the Employment Rights Act 1996; 10 single applicant means an applicant who neither has a partner nor is a lone parent; the Skipton Fund means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from 9 Omitted from SI 2012/2885 2(1) by SI 2014/3312 in relation to financial years beginning on or after 01 April Inserted to SI 2012/2885 2(1) by SI 2014/3255 Page 19 of 164

20 hepatitis C and other persons eligible for payment in accordance with the scheme s provisions; sports award means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc Act 1993 out of sums allocated to it for distribution under that section; the SSCBA means the Social Security Contributions and Benefits Act 1992; state pension credit means state pension credit under the State Pension Credit Act 2002; student has the meaning given by paragraph 77; tax year means a period beginning with 6th April in one year and ending with 5th April in the next; training allowance means an allowance (whether by way of periodical grants or otherwise) payable - (a) out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, the Young People s Learning Agency for England or the Welsh Ministers 11 ; (b) to a person for his maintenance or in respect of a member of his family; and (c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers, but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the Employment and Training Act 1973, or is training as a teacher; the Trusts (except where the context otherwise requires) means the Macfarlane Trust, the Macfarlane (Special Payments) Trust and the Macfarlane (Special Payments) (No 2) Trust and Trustees is to be construed accordingly; universal credit has the meaning given by section 1 of the Welfare Reform Act 2012 voluntary organisation means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit; week means a period of seven days beginning with a Monday; war disablement pension means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and 11 SI 2012/2885 2(1) amended by SI 2015/971 wef 26 May 2015 Page 20 of 164

21 Pensions) Act 2003; war pension means a war disablement pension, a war widow s pension or a war widower s pension; war widow s pension means any pension or allowance payable to a woman as a widow or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person war widower s pension means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person; water charges means - (a) as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991, (b) as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002, in so far as such charges are in respect of the dwelling which a person occupies as his home; working tax credit means a working tax credit under section 10 of the Tax Credits Act 2002; young person means a person who falls within the definition of qualifying young person in section 142 of the SSCBA. (2) In this scheme, where an amount is to be rounded to the nearest penny, a fraction of a penny must be disregarded if it is less than half a penny and must otherwise be treated as a whole penny. (3) For the purpose of this scheme, a person is on an income-based jobseeker s allowance on any day in respect of which an income-based jobseeker s allowance is payable to him and on any day - (a) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker s allowance but where the allowance is not because of a reduction paid in accordance with regulation 27A of the Jobseeker s Allowance Regulations 1996 or section 19 or 19A or regulations made under section 17A or 19B of the Jobseekers Act 1995(circumstances in which a jobseeker s allowance is not payable); (b) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker s allowance is payable to him or would be payable to him but for section 19 or 19A or regulations made under section 17A or 19B of that Act; or (c) in respect of which an income-based jobseeker s allowance would be payable but for a restriction imposed pursuant to section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 (loss of benefit provisions). Page 21 of 164

22 (4) For the purposes of this scheme, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day - (a) in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or (b) which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act (employment and support allowance; supplementary provisions) and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act. (5) For the purposes of this scheme, two persons shall be taken to be estranged only if their estrangement constitutes a breakdown of the relationship between them. (6) In this scheme, references to any person in receipt of state pension credit includes a person who would be in receipt of state pension credit but for regulation 13 of the State Pension Credit Regulations 2002 (small amounts of state pension credit). (7) not included 12 (8) 13 References in this scheme to an applicant participating as a service user are to - (a) a person who is being consulted by or on behalf of - (i) a body which has a statutory duty to provide services in the field of health, social care or social housing; or (ii) a body which conducts research or undertakes monitoring for the purpose of planning or improving such services, in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; (aa) 14 a person who is being consulted by or on behalf of - (i) (ii) the Secretary of State in relation to any of the Secretary of State s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973; or a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions, in their capacity as a person affected or potentially affected by the exercise of those 12 Relates to Pensioners only 13 SI 2012/2885 2(8) inserted by SI 2014/3312 in relation to financial years beginning on or after 01 Apr SI 2012/2885 2(8)(aa) inserted by SI 2015/2041 Page 22 of 164

23 functions or the carer of such a person; or (b) the carer of a person consulted as described in sub-paragraph (a) or (aa) where the carer is not being consulted as described in that sub-paragraph 3. Application of scheme: pensioners and persons who are not pensioners 15 In this scheme a person is - (a) a pensioner if - (i) he has attained the qualifying age for state pension credit; and (ii) he is not and, if he has a partner, his partner is not - (aa) a person on income support, on an income-based jobseeker s allowance or on an income-related employment and support allowance; or (bb) a person with an award of universal credit; and (b) a person who is not a pensioner if - (i) he has not attained the qualifying age for state pension credit; or (ii) he has attained the qualifying age for state pension credit and he, or if he has a partner, his partner, is - 4. Meaning of couple 16 (aa) a person on income support, on income-based jobseeker s allowance or an income-related employment and support allowance; or (bb) a person with an award of universal credit. (1) In this scheme couple means - (a) two people who are married to, or civil partners of, each other and are members of the same household; or (b) two people who are not married to, or civil partners of, each other but are living together as a married couple. (2) Two people of the same sex are to be treated as living together as if they were civil partners if, and only if, they would be treated as living together as husband and wife were they of opposite sexes. 15 Reg 3, SI 2012/ 2885 as amended by 2013/ Reg 4, SI 2012/2885 as amended by SI 2014/107 Page 23 of 164

24 5. Polygamous marriages 17 This paragraph applies to any case where - (a) a person is a husband or wife by virtue of a marriage entered into under a law which permits polygamy; and (b) either party to the marriage has for the time being any spouse additional to the other party. (2) For the purposes of paragraph 4 neither party to the marriage is to be taken to be a member of a couple. 6. Meaning of family 18 (1) In this scheme family means - (a) a couple; (b) a couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person; or (c) a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a young person. (2) The references to a child or young person in sub-paragraph (1)(b) and (c) include a child or young person in respect of whom section 145A of the SSCBA applies for the purposes of entitlement to child benefit, but only for the period prescribed under section 145A(1). (3) The references to a young person in paragraph (1)(b) and (c) do not include a young person who is - (a) on income support, an income-based jobseeker s allowance or an income-related employment and support allowance; or (b) a person to whom section 6 of the Children (Leaving Care) Act 2000 (exclusion from benefits) applies; or (c) entitled to an award of universal credit. 7. Circumstances in which a person is to be treated as responsible or not responsible for another 19 (1) A person is to be treated as responsible for a child or young person who is normally living with him, including a child or young person to whom paragraph 6(2) applies. (2) Where a child or young person spends equal amounts of time in different households, or 17 Reg 5, SI 2012/ Reg 6, SI 2012/2885 as amended by SI 2014/ Reg 7, SI 2012/2885 Page 24 of 164

25 where there is a question as to which household he is living in, the child or young person must be treated for the purposes of sub-paragraph (1) as normally living with - (a) the person who is receiving child benefit in respect of that child or young person, or (b) if there is no such person (i) where only one claim for child benefit has been made in respect of him, the person who made that claim, or (ii) in any other case the person who has the primary responsibility for him. (3) For the purposes of this scheme, a child or young person is the responsibility of only one person in any reduction week and any person other than the one treated as responsible for the child or young person under this regulation is to be treated as not so responsible. 8. Households 20 (1) Subject to sub-paragraphs (2) and (3), an applicant and any partner and, where the applicant or his partner is treated, by virtue of paragraph 7, as responsible for a child or young person, that child or young person and any child of that child or young person, are to be treated as members of the same household notwithstanding that any of them is temporarily absent from that household. (2) A child or young person is not to be treated as a member of the applicant s household where he is - (a) placed with the applicant or his partner by a local authority under section 22C or 23(2)(a) of the Children Act 1989 or by a voluntary organisation under section 59(1)(a) of that Act, or in Scotland boarded out or placed with the applicant or his partner under a relevant enactment; or (b) placed, or in Scotland boarded out, with the applicant or his partner prior to adoption; or (c) placed for adoption with the applicant or his partner in accordance with the Adoption and Children Act 2002 or the Adoption Agencies (Scotland) Regulations 2009 or the Adoption (Northern Ireland) Order (3) Subject to sub paragraph (4), sub paragraph (1) does not apply to a child or young person who is not living with the applicant and who - (a) is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or (b) has been placed, or in Scotland boarded out, with a person other than the applicant prior to adoption; or (c) has been placed for adoption in accordance with the Adoption and Children Act 2002 or 20 Reg 8, SI 2012/2885 as amended by SI 2013/3181 Page 25 of 164